Los Angeles daily herald., 1887-12-23
BRADY'S CASE.
Justice Austin HonOrably
Discharges Him.
REvIRW OF THE TESTIMONY.
Conclusions Reached After q Care
full Consideration of the
Evidence.

LNluCnCCs
Justice Austin yesterday rendere,
the following decision in the case G
Officer Brady, who was charged will
burglary:
The defendant herein, M W Brady
is charged under the name of Johr
Doe Brady with having committed
the crime Of burglary, in that, on the
18th of November, he did burglariously
enter room No. 7, of the building
known as the Sentous Block, in the
city OF Los Angeles, with the intent
then and there to commit the crime
Of larc. ny.
The testimony in this case is volu.
ninous, and taken during a period Of
time commencing on the 30th of No
vember and covering about twent,
days. Into this large mass of testi-
mony very much Of immaterial mat
ter has entered, making the task o.
dissecting the same and eliminating
therefro,n that material and pertinent
10 the issue very difficult.
The first witness, and the only di-
rect witness to the fact is Mrs Alice
Hester, who, testiiying first that she
had never known Brady, this defend
ant, previous to the morning of the al
legged ofense, next goes on and detail
very minute y the facts, that on
morning, and between 8 and 10
o'clock-somewhere about $50
she, standing in her room near the
head of the stairway in the Sentous
block, saw a man come up the .tair
way, stop and look about as if looking
for some one. then proceeded to the
door of room 7, try the door, subse-
quenily look into the room, and then
enter the room and close the door.
That she SOON thereafter proceeded to
the room and kno. ked; that she tried
to get into the room, heard the d or
locked that her attention WIS called
away very soon thereafter and that
she left, being gone but q very few
minutes then returned to her room,
commanding a view of the door of
room No, z, and watched to see the
man come out. That she did not
see him come out, but that later
Captain Buckles, the occupant
OF the room came up and went to the
room. She describes infinitely the
dress of the man and his general APP
pearance. That thereafter Officer
Dunham came up and was informed
by>htr of the fact of the robbery and
given description of the man. That
very soon thereafter Officer Auble
came up with man. That one OF
them inquired for room No. 7 and
came to room No. 2, where she stood,
and after asking about the robbery,
asked her If she would know the man
If she should see him, to which she
replied, "You have the man right
here that is the man." Brady step ed
from behind Mr.. Auble, laughed, and
said, II guess you are mistaken" and
did not say another word to her, and
turned and walked off as ii he was go
ing down stairs. GAS he turned. l
said to officer Auble, "You have the
man that is the man I saw enter the
ROOM"
Officer Auble corroborates Mrs.
Hester as to the interview and her
identifying Brady in the words. you
are the man." and testities that he
told Brady of the burglary on the
street, meeting him near the Sentous
Block, upon which ttrady said, 'Well,
We will 20 over there" That war
between half-past 8 and 10 o'clock
tina, is, by Aubie's testimony.
Mrs. Julia S. Alderman, tho next
witness, testified that she occupied
room No. 2, which room, tho door
being open, commanded view of the
stairway, a portion OF the hall and Of
the entrance to room No. q; that she
saw Mr.. Brady for the first time OIL
the morning Of November 17Ih, be-
tw cen 9 80 and 10 o'clo, k; that he
was standing on the sidewalk in front
of the Sentous Block, short distance
from the door; that he had on u red
dish-brown coat, dark striped pants
and a black Derby hat; again saw
him near IL O'Clock or u little after.
This closes the testimony on the
part of the people.
For the defendant nine witnesses
were introduced, u of whom tes itieu
as to the general good reputation Of
this defendant.
G. w. Remington, Charles PARCELS,
Foster and G. +. Kirby all testified to
seeing Mr.. Brady, this defendant, Oh
Alameda street and Also street from
9 to 1890, three of the witnesses tes-
tifying positively that he was not out
of thei, sight for more than five min
utes at. any time from O'Clock to
1880, and Kirby test'fying that he
first saw him on Also street at 9:40 !;
had a conversation with him, and
subsequently saw him in front of the
Oxford Hotel, on Main street, at
1850.
1t will therefore DO seen that there
Is much unrert .inty and something OF
q material conflict in The testimony OF
the various witnesses as to the pres
ence Of this defendant, Brady in various
places between the hours of 8 and
half-past 10 O'Clock on that day, and
it is clearly evident that some of tkem
are mistaken as to the exact time to
which they testify. There are how
ever, three or four witnesses, all
swearing TO a positive and distinct
knowle ige of the presence Of this de-
PENDANT, Mr.. Brady, on Also street.
for no much OF the time between 8
O'Clock and half past 10 as to preclude
the possibility of his having been far
away from there.
1t is scarcely necessary to refer To
the seeming improbabilitv that man
with the previous experience OF this
defendant in criminal matters should
, 81 boldly enter upon the commission
of felony in the broad lishr of day
In densely populated portion OF the
city, and in place SO liable to obser
walton, for the little hope Of reward
the premises burgbrized could offer
or that, engaged in the commission o
such felony, punishable by a length!
term of imprisonment, tie ehoult
coolly proceed in the work while ex
posed by halfopen door to tile vies